LL.B (3 YDC, VI Semester) PAPER
V
–
Moot Courts
(Writ Petition)
Raghunadh Sir Dictated notes
1
A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College
MOOT COURT PROBLEM – 3
CONSTITUTION CASE
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Moot Court Exercise Problem No. 3 as part of law course
Typology: Assignments
2020/2021
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Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
MOOT COURT PROBLEM – 3
CONSTITUTION CASE
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
PADALA RAMA REDDI LAW COLLEGE
MOOT COURT CASES – 2020-
LL.B. 3/3YDC
CASE 2 – Constitutional Case
Mr. Prem is staying in a colony which is situated near an industrial area in Hyderabad. There is lake near to his residence by name Sundara Sarovar surrounded by trees and people in the city used to spend their weekends with their families. But all this is a past because since few years the entire area is polluted with industrial waste and toxic elements. The lake is completely stagnated and emitting unbearable smell and has become a hub for mosquitoes creating lot of nuisance to the people residing nearby spreading fatal diseases.
Mr. Prem, as a responsible and socially spirited citizen approached the State Pollution Control Board and GHMC with a complaint regarding hazardous situation but all the efforts have gone in vain. Neither the State Pollution Control Board nor GHMC took any action. Suggest Mr. Prem a legal remedy in this regard.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
- I submit that, I am resident of Sundar Nagar Colony for 20 years. There is a lake by name Sundara Sarovar near to our residence, which is surrounded by trees with peaceful environment, people in the city used to spend their weekends with their families there.
- I humbly submit that, since few years the entire area got polluted with industrial waste and toxic elements. As a result of which, the lake is completely stagnated and emitting unbearable smell and has become a hub for mosquitoes creating lot of nuisance to the people residing nearby spreading fatal diseases.
- I humbly submit that, Inspite of approaching the Telangana State Pollution Control Board and Greater Hyderabad Municipal Corporation with complaint regarding hazardous situation prevailing in our locality, all my efforts have gone in vain. Neither the Telangana State Pollution Control Board nor Greater Hyderabad Municipal Corporation took any action.
- I humbly submit that, I have made many representations to the Respondent authorities herein to take immediate remedial action but to no avail.
- I am filing this writ petition aggrieved by the negligence and inaction of the Respondent authorities herein in taking appropriate and timely measures on the following grounds.
GROUNDS
(a) That the failure on the part of the Respondent authorities is illegal, unconstitutional and against the public policy and the policy and program of public health.
(b) That the inaction of the Respondent authorities shows their negligent attitude and lack of proper care and attention in come backing the spreading of diseases.
(c) It is humbly submitted that, there is no other effective, alternative remedy except to invoke the original writ jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India.
(d) It is humbly submitted that, I have not filed any other writ or other proceedings either before this Hon’ble Court of before any other court or authority or tribunal in respect of the subject matter in question.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
PRAYER
For the reasons mentioned above, it is humbly prayed that this Hon’ble Court may be pleased to issue a writ order or direction, more so a writ in the nature of mandamus directing the Respondent authorities to take immediate action and to pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and public health.
Solemnly affirm and signed, Sd/- On this the 1st^ day of March 2021, Prem At Hyderabad. (Deponent)
Before me, Sd/– A. Mallikarjun Advocate, Hyderabad
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
MEMORANDUM OF WRIT PETITIOIN
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE OF TELANGANA STATE AT HYDERABAD
[SPECIAL ORIGINAL JURISDICTION]
W.P. No: 240 of 2021
BETWEEN:-
Mr. Prem S/o. Shyam, Aged about 45 years, Occ: Private Employee, R/o. Sundar Nagar Colony, Jeedimetla, Balanagar, Hyderabad. ..... Petitioner
AND
- The Commissioner, Greater Hyderabad Municipal Corporation, Municipal Complex Head Office, Tank Bund, Hyderabad, T.S.
- The Chairman, Telangana State Pollution Control Board, Paryavaran Bhavan, Sanathnagar, Industrial Estate, Hyderabad. ..... Respondents
The address for service of summons, notices and processes on the above named Petitioner is the same as that of his counsel Sri A. Mallikarjun, Advocate, Office at: H. No. 6-3-1185/76, B. S. Maktha, Begumpet, Hyderabad – 500016; Mobile: 9642099922.
Addresses for service of summons, notices and process on the above named Respondents are the same as that mentioned in the above cause title.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue any writ order or directions, more in the nature of Writ of Mandamus declaring the inaction of the Respondents 1 and 2 herein in considering the Petitioner’s representations as illegal, arbitrary and consequently directing the Respondent authorities 1 and 2 to take immediate action and to pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and public health.
Place : Hyderabad Date : 01-03-
Sd/- (A. Mallikarjun) Counsel for the Petitioner
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
IN THE HIGH COURT OF JUDICATURE OF TELANGANA STATE
AT HYDERABAD
Special Original Jurisdiction
W.P. No: 240 of 2021
BETWEEN:-
Mr. Prem S/o. Shyam, Aged about 45 years, Occ: Private Employee, R/o. Sundar Nagar Colony, Jeedimetla, Balanagar, Hyderabad. ..... Petitioner
AND
- The Commissioner, Greater Hyderabad Municipal Corporation, Municipal Complex Head Office, Tank Bund, Hyderabad, T.S.
- The Chairman, Telangana State Pollution Control Board, Paryavaran Bhavan, Sanathnagar, Industrial Estate, Hyderabad.
..... Respondents
COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT 1
I, Lokesh Kumar, aged about 40 years, R/o. Sanathnagar, do hereby solemnly and sincerely affirm and state on oath as follows:-
- I am the Commissioner of GHMC and I am Respondent No.1 as such I am well acquainted with the facts of the case. I have read the affidavit filed by the Writ Petitioner in support of the Writ Petition and I hereby deny all the allegations/averments made there in except that those are specifically admitted hereunder.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
- In reply to paragraph 1 of the Writ Affidavit, I humbly submit that there are no comments to be made against the same.
- In reply to paragraph 2 of the Writ Affidavit, I humbly submit that there are no comments to be made against the same.
- In reply to paragraph 3 of the Writ Affidavit, I humbly submit that, it is fact that the entire area got polluted with industrial and toxic elements, the lake by name Sunder Sarovar is completely stagnated and emitting unbearable smell and became a hub for mosquitoes creating a lot of nuisance to the residents. For that, the GHMC Authorities have made many attempts for clearing the garbage and industrial waste and even issued notices to the industries there to pack the wastage instead of emitting it outside and to throw them in the nearest garbage boxes.
- In reply to paragraph 4 of the Writ Affidavit, I humbly submit that, it is not correct on part of the Petitioner that GHMC has not taken any action. Upon receiving the complaint from the Petitioner, it is the GHMC who took necessary steps in clearing the garbage and has made every effort to control the industrial waste by issuing notices to those industries.
- In reply to paragraph 5 of the Writ Affidavit, I humbly submit that, the contents of the same are totally false, for the reasons above.
- In reply to paragraph 6 of the Writ Affidavit, I humbly submit that, there is no negligence on part of the GHMC in taking appropriate and timely measures. But, as the lake has already been completely stagnated, it may take some time to clear the issue.
For the reasons mentioned above, it is humbly prayed that this Hon’ble Court may be pleaded to dismiss, in limine, the Writ Petition filed by the Petitioner as illegal, uncalled for, vexatious and to pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and fair play.
Sd/- Lokesh Kumar (Deponent)
Solemnly affirm and signed, On this the 24th^ day of March 2021, At Hyderabad.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
HIGH COURT OF
JUDICATURE AT HYDERABAD
FOR THE STATE OF
TELANGANA
W.P. No. 240 of 2021
COUNTER AFFIDAVIT FILED
ON BEHALF OF THE
RESPONDENT 1
Filed on: 24-03-
Filed by:
M/S. RAM SINGH, Advocate
Counsel for the Respondent No.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
IN THE HIGH COURT OF JUDICATURE OF TELANGANA STATE
AT HYDERABAD
Special Original Jurisdiction
W.P. No: 240 of 2021
BETWEEN:-
Mr. Prem S/o. Shyam, Aged about 45 years, Occ: Private Employee, R/o. Sundar Nagar Colony, Jeedimetla, Balanagar, Hyderabad. ..... Petitioner
AND
- The Commissioner, Greater Hyderabad Municipal Corporation, Municipal Complex Head Office, Tank Bund, Hyderabad, T.S.
- The Chairman, Telangana State Pollution Control Board, Paryavaran Bhavan, Sanathnagar, Industrial Estate, Hyderabad.
..... Respondents
COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT NO. 2
I, Rajiv Sharma, aged about 50 years, R/o. Kukatpally, do hereby solemnly and sincerely affirm and state on oath as follows:-
- I am the Chairman of Telangana State Pollution Control Board and I am Respondent No.2 as such I am well acquainted with the facts of the case. I have read the affidavit filed by the Writ Petitioner in support of the Writ Petition and I hereby deny all the allegations/averments made there in except that those are specifically admitted hereunder.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
At Hyderabad.
Before me,
Sd/– Nazir Ahmed Khan Advocate, Hyderabad
VERIFICATION
I, Rajiv Sharma, Respondent No. 2, in the above Writ Petition, do hereby state that the contents of the Paras 1 to 7 of the Counter Affidavit to the Writ Affidavit are true to my personal knowledge and belief as also based on legal advice believed to be correct.
Sworned and signed at Hyderabad on the 26th^ day of March, 2021.
Sd/ - Rajiv Sharma (Deponent)
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
HIGH COURT OF JUDICATURE
AT HYDERABAD
FOR THE STATE OF
TELANGANA
W.P.No.240 of 2021
COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT NO.
Filed on: 26-03-
Filed by:
M/S. NAZIR AHMED KHAN Advocate
Counsel for the Respondent No.